STATE OF HIMACHAL PRADESH Vs. BAL KRISHAN @ BALI

JUDGEMENT

(1.) BY means of the present appeal, the State has challenged the acquittal of the respondents for the offences punishable under Sections 307, 332, 506 (II) of the Indian Penal Code read with Section 3 of Prevention of Damages to the Public Property Act.

(2.) THE respondents hereinafter to be referred as "the accused persons" were tried on the allegation that on 23.1.2003, PW1 C. Sanjay Kumar was on night duty in the Police Station, Theog w.e.f. 7 p.m. to 8 a.m. alongwith PW3 Mast Ram, Home Guard. According to the case of the prosecution, PW2 C. Kamal Dev had returned from leave and joined his duty on that very night. He was sitting besides C. Sanjay Kumar aforesaid.

(3.) TO prove its case, the prosecution examined its witnesses. The accused in the cross -examination of prosecution witnesses raised defence that they were activists of SFI and Constable Sanjay Kumar was inimically disposed of towards them. Further that a week ago from the date of alleged incident there was wordly dual and in turn, said constable had threatened them to involve in a serious case. In their statements under Section 313 of the Code of Criminal procedure, they denied the circumstances which were found attendant upon each of them and alleged false implication in the case, however, no evidence in defence was led.